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(영문) 대전지방법원 공주지원 2016.01.15 2015고단408
가축분뇨의관리및이용에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant leased the right to operate the said farm from September 2014 to E in the D farm located in Sinju to operate livestock excreta discharge facilities.

No person who installs and operates discharging facilities shall discharge livestock excreta flowing into a disposal facility without converting it into resources or without discharging it through the final discharge outlet.

Nevertheless, from December 2, 2014 to January 2015, the Defendant discharged the volume of livestock excreta of 246 tons into a storage house with a size of 2,160 square meters in total, a total of 400 square meters in pigs raising 400 square meters, on several occasions, using a motherter, and discharged livestock excreta of 246 tons into a storage house with a size of 248.25 square meters in a livestock shed in the site for a livestock shed, and the excreta discharged from a storage house was discharged into a river, a public water zone through a waterway.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Reporting on the results of on-site verification of civil petitions filed by livestock penss;

1. A table of guidance and inspection of places of business of installing facilities discharging foul waste;

1. Results of foul waste testing;

1. On-site photograph confirmation, D farm photographs, placement of D farm sites, and the site of DNA farm photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to drilling of foul waste, etc.) and a criminal investigation report (Attachment of screen pictures at the time of crackdown);

1. Article 49 subparagraph 2 of the relevant Act and Articles 49 and 17 subparagraph 1 of the Act on the Management and Use of Excreta (the emission of foul waste, the selection of a punishment for imprisonment) concerning the facts constituting an offense, and Articles 49 subparagraph 2 and 10 (1) of the Act on the Management and Use of Excreta (the occupancy of foul waste and the selection of a punishment for imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account circumstances favorable to the defendant during the period of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on the Observation, etc. of Protection, etc. of Social Service Order have the record of criminal punishment seven times including imprisonment.

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